What is the Fair Debt Collection Practices Act?

Useful Rulings on Fair Debt Buying Practices Act

Recent Rulings on Fair Debt Buying Practices Act

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB V. MICHAEL RINGHAUSEN

Civil Code § 1788.50(a)(1). An insurance company filing a subrogation claim is not a “debt buyer.” So § 1788.61 does not apply. Nor can the court grant relief under CCP § 473(b). Application for relief under CCP § 473(b) must be made within six months after the “proceeding was taken.” The court cannot grant relief under CCP § 473 if the defendant files his motion more than six months after the date of entry of the default because the court lacks jurisdiction to act on the motion. Thompson v.

  • Hearing

    Jul 06, 2020

FLEXI-VAN LEASING INC. VS EXCEL TRUCKING SERVICES INC.

Code §1788.50, (4) Violation of Civ. Code §1770, (5) Violation of Bus. & Prof. Code §17200, (6) Violation of Bus. & Prof. Code §17500, (7) Declaratory Judgement Pursuant 28 U.S.C. §2201, and (8) Breach of Contract. PRESENTATION: The instant demurrer and special motion to strike were filed by Plaintiff on February 28, 2020. Opposition to both was filed on June 8, 2020. No reply has been filed for either demurrer or special motion to strike.

  • Hearing

    Jun 23, 2020

BANK OF THE WEST VS. KITSIA'S TRANSPORTS INC. ET AL

(See Civil Code § 1788.50 et seq.) It is inapposite to this commercial financing transaction between plaintiff and defendants. In addition, the application is untimely under Civil Code § 1788.61(a)(2). Defendant is not entitled to relief under Code of Civil Procedure § 473(d) [void for improper service]. First, the application under this section is untimely because the default judgment is not void on its face and therefore, the timing provisions of Code of Civil Procedure § 473.5 apply.

  • Hearing

    Mar 11, 2020

BH FINANCIAL GROUP LLC VS SMITH

Plaintiff alleges in its complaint that it is a "debt buyer," presumably as defined by Civil Code section 1788.50(a). (Complaint, ¶ 6.) Plaintiff's allegations indicate that it purchased the subject debt after 1/1/14. (Complaint, ¶ 10.) As such, the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)

  • Hearing

    Jan 22, 2020

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

PORTFOLIO RECOVERY ASSOCIATES LLC VS ANDERSON

Plaintiff alleges in its complaint that it is a "debt buyer," presumably as defined by Civil Code section 1788.50(a). (Complaint, ¶ 5.) It alleges that the subject credit-card account was purchased after 1/1/14. (Complaint, ¶ 4.) As such, the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)

  • Hearing

    Dec 04, 2019

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

FOXCROFT PRODUCTIONS INC ET AL VS UNIVERSAL CITY STUDIOS LLC

The court found that Plaintiff’s previous request for entry of default was submitted on form CIV-105, evidencing the action is subject to the Fair Debt Buying Practices Act (Civil Code §§ 1788.50, et seq.) The court also found Plaintiff’s request for entry of default failed to comply with the requirements of Civil Code section 1788.58 for defaults by a debt buyer on consumer debt.(Civil Code § 1788.58, subdivisions (3)-(8).)

  • Hearing

    Dec 02, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BH FINANCIAL SERVICES, INC VS VEGAN HOUSE RESTAURANT, ET AL.

The court found that Plaintiff’s previous request for entry of default was submitted on form CIV-105, evidencing the action is subject to the Fair Debt Buying Practices Act (Civil Code §§ 1788.50, et seq.) The court also found Plaintiff’s request for entry of default failed to comply with the requirements of Civil Code section 1788.58 for defaults by a debt buyer on consumer debt.(Civil Code § 1788.58, subdivisions (3)-(8).)

  • Hearing

    Dec 02, 2019

  • Type

    Collections

  • Sub Type

    Promisory Note

CAMPOY VS. REITZFELD

Tenth Cause of Action for Violation of California Fair Debt Buying Practices Act (Reitzfeld only) The Fair Debt Buying Practices act “only applies to consumer debts sold on or after January 1, 2014.” Cavalry SPV I, LLC v. Watkins (2019) 36 Cal. App. 5th 1070, 1079 n. 3. Plaintiff has not alleged that the debt in question is a consumer debt within the scope of the FBBPA.

  • Hearing

    Nov 07, 2019

NEWSOM V. CAVALRY SPV I, LLC

INTRODUCTION 23 This is a putative class action brought by plaintiff Tabitha Newsom (“Plaintiff”) pursuant 24 to the California Fair Debt Buying Practices Act (“CFDBPA”). According to the Complaint, 25 filed on September 15, 2016, Plaintiff is alleged to have incurred a financial obligation in the 26 form of a consumer credit account issued by Citibank, N.A. (Complaint, ¶ 12.) Plaintiff denies 27 any debt is owed. (Ibid.)

  • Hearing

    Oct 12, 2019

PORTFOLIO RECOVERY ASSOCIATES LLC VS GURGEN HAKOBKYOKHVYAN

Compliance with CRC 3.1800 (1) Use of CIV-100 (or CIV-105 per Fair Debt Buying Practices Act) YES (2) Dismissal or judgment of non-parties to the judgment N/A (No Does) (3) Declaration of non-military status for each defendant YES (4) Summary of the case YES (5) 585(d) declarations/admissible evidence in support YES (6) Exhibits (as necessary) YES (7) Interest computation (as necessary) N/A (8) Cost memorandum YES (9) Request for attorney fees (Local Rule 3.214) N/A (10) Proposed Judgment YES DAMAGES

  • Hearing

    Oct 02, 2019

CAVALRY SPV I LLC VS NAYLOR

Plaintiff alleges in its complaint that it is a "debt buyer," as defined by Civil Code section 1788.50(a). (Complaint, ¶ 6.) It alleges indicate that it purchased the subject debt after 1/1/14. (Complaint, ¶ 8.) As such, the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)

  • Hearing

    Sep 25, 2019

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

CAVALRY SPV I LLC VS NAYLOR

Plaintiff alleges in its complaint that it is a "debt buyer," as defined by Civil Code section 1788.50(a). (Complaint, ¶ 6.) It alleges indicate that it purchased the subject debt after 1/1/14. (Complaint, ¶ 8.) As such, the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)

  • Hearing

    Sep 25, 2019

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

PMGI FINANCIAL LLC VS. SMITH

(See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].) Plaintiff alleges that it complied with portions of the Fair Debt Buying Practices Act. (¶ 14.) As such, the requirements of the Act are applicable here.

  • Hearing

    Sep 04, 2019

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

PMGI FINANCIAL LLC VS. SMITH

(See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].) Plaintiff alleges that it complied with portions of the Fair Debt Buying Practices Act. (¶ 14.) As such, the requirements of the Act are applicable here.

  • Hearing

    Sep 04, 2019

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

BH FINANCIAL SERVICES, INC VS VEGAN HOUSE RESTAURANT, ET AL.

California Rules of Court, rule 3.1800 provides “a party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100), unless the action is subject to the Fair Debt Buying Practices Act, Civil Code section 1788.50 et seq., in which case the party must use mandatory Request for Entry of Default (Fair Debt Buying Practices Act) (form CIV-105)”.

  • Hearing

    Aug 30, 2019

  • Type

    Collections

  • Sub Type

    Promisory Note

CHAMBERS V. CROWN ASSET MANAGEMENT, LLC

INTRODUCTION 23 This is a putative consumer class action brought pursuant to the California Fair Debt 24 Buying Practices Act, Civil Code sections 1788.50-1788.64 (“CFDBPA”).

  • Hearing

    Aug 16, 2019

DAVIS V. CAVALRY SPV I, LLC

INTRODUCTION 23 This is a putative class action brought by plaintiff Marla Marie Davis (“Plaintiff”) 24 pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). According to the 25 Complaint, filed on October 26, 2016, Plaintiff is alleged to have incurred a financial obligation 26 in the form of a consumer credit account issued by Citibank, N.A. (Complaint, ¶ 12.) Plaintiff 27 denies any debt is owed. (Ibid.)

  • Hearing

    Aug 16, 2019

CAVALRY SPV I, LLC VS FLORES

Plaintiff alleges in its complaint that it is a "debt buyer," as defined by Civil Code section 1788.50(a). (Complaint, ¶¶ 4, 5.) It alleges that it purchased the subject debt after 1/1/14. (Complaint, ¶ 5.) As such, the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)

  • Hearing

    Jul 31, 2019

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

HORNER V. CROWN ASSET MANAGEMENT, LLC

INTRODUCTION 23 This is a putative consumer class action brought pursuant to the California Fair Debt 24 Buying Practices Act, Civil Code sections 1788.50-1788.64 (“CFDBPA”).

  • Hearing

    Jul 26, 2019

CHAMBERS V. CROWN ASSET MANAGEMENT, LLC

INTRODUCTION 2 This is a putative consumer class action brought pursuant to the California Fair Debt 3 Buying Practices Act, Civil Code sections 1788.50-1788.64 (“CFDBPA”).

  • Hearing

    Jul 26, 2019

CACH LLC VS VIVAR

Absent evidence or argument to the contrary, it thus appears the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)

  • Hearing

    Jul 03, 2019

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

CACH LLC VS GONZALEZ

Plaintiff alleges in its complaint that it is a "debt buyer," as defined by Civil Code section 1788.50(a). It alleges that it purchased the subject debt after 1/1/14. (Complaint, ¶ 9.) As such, the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)

  • Hearing

    Jul 03, 2019

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

CACH LLC VS VIVAR

Absent evidence or argument to the contrary, it thus appears the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)

  • Hearing

    Jul 03, 2019

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

CACH LLC VS GONZALEZ

Plaintiff alleges in its complaint that it is a "debt buyer," as defined by Civil Code section 1788.50(a). It alleges that it purchased the subject debt after 1/1/14. (Complaint, ¶ 9.) As such, the complaint is governed by Civil Code section 1788.50 et seq., the Fair Debt Buying Practices Act. (See Civil Code section 1788.50(d) ["This title shall apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014."].)

  • Hearing

    Jul 03, 2019

  • Type

    Collections

  • Sub Type

    Collections

  • County

    San Diego County, CA

CAVALRY VS. ECHOLS

The complaint sets for the required allegations pursuant to Civil Code section 1788.58. The complaint need not be verified. The allegations set for in the complaint and any defenses thereto must be the subject of evidentiary proceedings before judgment can be entered. At this point, Plaintiff has satisfied the pleading requirements by placing Defendant on notice of the claims Plaintiff is asserting.

  • Hearing

    Jun 24, 2019

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